Deputy won't be charged in death of Willmar man during attempted eviction (2024)

WILLMAR, Minn. — Criminal charges will not be filed against a Kandiyohi County sheriff's deputy in the homicide of a Willmar man during an attempted eviction in January.

The Midwest Medical Examiner's office previously ruled the death of 75-year-old Michael Yanacheak a homicide due to “blunt force injuries to the head,” attributed to a fall after Cpl. Riley Kampsen of the Sheriff's Office deployed his Taser.

Homicide is generally defined as a death caused by the actions of another person, whether intentional or unintentional. It is not a determination that a criminal act occurred.

Kandiyohi County Attorney Shane Baker confirmed in an email to the West Central Tribune on Monday, May 20, that criminal charges will not be filed against Kampsen.

After reviewing the Bureau of Criminal Apprehension's completed investigation into the use of force, which included body camera video from three of the four law enforcement officers at the scene, Baker concluded the use of a stun gun was justified and authorized in self-defense and defense of others.

Contributed / PetersonBrothers.com

Baker, in correspondence with the Bureau of Criminal Apprehension, noted that the standard of reasonableness in the use of force is to be judged from the perspective "of an officer on the scene."

In this case, law enforcement was attempting to enforce an eviction order of a district court judge, and Yanacheak responded by barricading the door and grabbing a knife once law enforcement entered the residence. He walked toward officers with the knife still in his possession when the stun gun was deployed, according to Baker's summary.

"Under these circ*mstances, this use of force was reasonable," he wrote.

Baker in his letter also detailed much of the interaction between the officers and Yanacheak on that day. Officers arrived at the apartment in Willmar to serve the eviction order around 10 a.m. on Jan. 29, 2024, and Yanacheak's death at CentraCare — St. Cloud Hospital occurred at 7:38 p.m. that night.

Kampsen, Detective Rob Twedt with the Sheriff’s Office, Willmar Police Officer Jacob Van Dyken and Willmar Police Officer Heather Gerads were on the scene, as well as a member of Kandiyohi County Health and Human Services and the apartment property manager.

Source / Minnesota County Attorneys Association

According to Baker’s description, Kampsen, Van Dyken and Gerads were equipped with body cameras that recorded the incident. Twedt was in plain clothes and not carrying a camera.

After the officers announced their presence multiple times without response, the apartment manager used a key to enter and found the door was barricaded. Twedt and a social worker attempted contact by knocking on windows.

The manager gathered tools to remove the door frame, and Yanacheak was warned again to open the door or it would be forced open.

According to the description of the incident, the manager had returned with a saw and began to cut the door frame when Yanacheak approached the front door asking who was there. Kampsen again said he was with the Sheriff’s Office and Yanacheak told him to go away.

Twedt attempted to meet with Yanacheak at the entrance of a sliding glass door outside the building, but Yanacheak also told him to go away.

After the door was opened, Kampsen and the two Willmar Police Department officers entered the apartment. Kampsen had his Taser drawn and Van Dyken had his firearm drawn, according to the narrative in Baker's letter. After clearing the living room and entering the kitchen, Kampsen heard Yanacheak yell from the back of the apartment.

As Kampsen continued down the hallway to the entry of a bedroom, he could see Yanacheak lying on a bed. Kampsen told him again that he had signed orders from a judge and advised he was being evicted. Kampsen then holstered his Taser.

According to the description of the incident, Yancheak then asked Kamspen, “Who are you?” and Kampsen again replied he was with the Sheriff’s Office. Twedt then entered the room and stated they were with the Sheriff’s Office. Officer Gerads was located behind Twedt during the interaction.

Yanacheak asked the detective to get away from him before he sat back up and stated something about a knife. He then turned toward his nightstand and grabbed a knife. Kampsen yelled that Yanacheak had a knife and ordered the other officers to get back before he and Twedt retreated down the hall of the apartment.

According to Baker's description in the correspondence, Gerads went into a room to the back of the apartment, adjacent to the bedroom Yanacheak had been in. Van Dyken drew his firearm and told Yanacheak to put the knife down multiple times.

Kampsen then yelled to Van Dyken to retreat, but the officer advised him Gerads was in another room. Yanacheak then began to walk toward Van Dyken with the knife in his hand.

Van Dyken began retreating to the apartment entrance, with Yanacheak still walking toward him. The officer retreated back to the hallway with Kampsen and the detective.

Yanacheak then began coming to the entrance door, still holding the knife. Kampsen kicked the door and deployed his Taser as Yanacheak stood near the entrance, approximately 3 feet from Kampsen.

Yanacheak fell to the floor after being struck by both prongs and began snoring, according to Baker’s description of the incident. The knife was retrieved, and officers checked on Yanacheak and called for an ambulance.

Yanacheak was taken to the CentraCare — Rice Hospital in Willmar and transferred to CentraCare — St. Cloud, where he later died.

According to his obituary, Yanacheak grew up in Willmar and graduated from Willmar High School in 1968. He enlisted in the U.S. Army and served during the Vietnam War. He then moved to St. Paul, where he worked as a security officer at the Minnesota State Capitol. He moved back to Willmar following his retirement.